Order Granting Convicted Rapist Custody of Child Rescinded

Woman Who Was Raped Speaks Out in Joint Custody Battle

SANDUSKY, Mich. — A Michigan judge has ordered that a rapist will not have custody or parental rights to the boy he fathered with a 12-year-old girl nine years ago. 

Sanilac County Judge Gregory Ross had signed a paternity order on Sept. 22 naming Christopher Mirasolo as the father of the boy. Mirasolo was ordered to pay child support and was granted joint custody and parenting time.

When it became public the boy was conceived through rape, public outcry was widespread. About 100 people gathered on the courthouse lawn in protest Tuesday. 

WATCH | Meet the Woman Whose Rapist Was Granted Custody of Child from the Crime

In his decision rescinding the order, which he read in court Tuesday, Ross wrote: "The question that everyone is asking is 'How could a judge do such a thing?'

"The answer is that this judge was not aware, did not have knowledge of the fact that the defendant raped the plaintiff and the child was born as a result."

More: Lawyer: Man not seeking custody of child conceived in rape of 12-year-old

He said he was presented with a paternity petition which he reviewed and there was nothing unusual in the order.

"It has been suggested that I 'rubber stamped' this order," he wrote. "I do not rubber stamp orders. I felt it was routine. I did not 'rubber stamp' it."

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In a statement, Sanilac County Prosecutor James Young said he wanted to "express our apologies for the manner in which this case was handled."

Both Ross and Young said procedures will be reviewed.

Mirasolo pleaded guilty to attempted third-degree criminal sexual conduct in the Sept. 6, 2008, assault of the child's mother, who was 12 at the time. 

He was discharged from the Department Of Corrections on Dec. 20, 2010. 

Mirasolo pleaded no contest to third- and fourth-degree criminal sexual conduct in a March 29, 2010, incident involving a 15-year-old girl

Both victims spoke during Tuesday's rally.

"I was kidnapped and raped by Christopher Mirasolo," said the woman who was 12 at the time of the assault. "He told me he would kill me if I told anybody he had raped me."

The Times Herald does not identify the victims of sexual assault.

The woman said she soon learned she was pregnant and that she decided to keep her baby.

"If it was not for this tiny baby, I would not be able to go on with life," she said. "I made a lot of sacrifices for my child.

"I'm fighting because my baby is worth fighting for and so are you," she told cheering supporters.

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In a response to objections of his being awarded custody of his son, Mirasolo said his relationship with the boy's mother when she was 12 was romantic. 

"The Defendant absolutely denies that he forcibly raped or threatened to kill the minor child's mother. In further response, the Defendant states that the Plaintiff became pregnant while the parties were in a romantic relationship that lasted several months. The relationship occurred when the Defendant was 18 years old and the Plaintiff was approximately five years younger than the Defendant," reads the response filed by Mirasolo's lawyer. 

Rebecca Kiessling, the victim's lawyer, said she was disappointed with the ruling.

"There is still a problem," she said. "Her signature wasn't on the (original) consent order. They are not allowed to issue a consent order without her consent."

She also said Ross's decision did not address the issue of child support.

"The judge just completely vacated the order," Kiessling said. "She did not get child support. She is entitled to child support."

Sandra Potter, founder of Dreamcatchers for Abused Children and one of the organizers of Tuesday's rally at the Sanilac County Courthouse, said the original consent agreement "never should have happened."

"Giving a twice-convicted sex-offender any type of custody and parental rights is unprecedented," she said.

Follow Bob Gross on Twitter: @RobertGross477

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